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(영문) 서울중앙지방법원 2017.06.15 2016가합554551

구상금 등

Text

1. As to KRW 381,131,782 and KRW 379,852,362 among the Plaintiff, Defendant A shall be from August 12, 2016 to September 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff, on December 3, 2013, concluded a credit guarantee agreement and a loan1) with Defendant A to obtain a loan from the Bank of Korea (hereinafter “instant credit guarantee agreement”) on the following terms:

(2) On December 2, 2014, the Bank of Korea loans 200,000,000 won in loans of 300,000,000,000 for loans of small and medium enterprises 255,000,000 / 85% (this shall be changed to 240,000,000/80) prior to the expiration of the term of guarantee / The Bank of Korea loans 200,000,000 won in loans of 160,000,000 won in loans of 160,000,000 won in loans of 136,00,00,000 won in loans of 136,00,000 won in guarantee / The Bank of Korea loans shall be extended to 20,000 won in accordance with the credit guarantee agreement of 20,000 won in each of the above loans of 20,013 or less.

B. On May 25, 2016, Defendant A made the instant sales contract and the registration of transfer of ownership thereon, etc.

(2) The sales contract of this case is set forth as KRW 1,300,000,000 (hereinafter “instant sales contract”).

(2) As to each of the instant real estate at the time of the conclusion of the instant sales contract, Defendant B made a direct payment to Defendant A, and the remainder of KRW 1,200,000,000 was agreed to obtain a new loan from the Industrial Bank of Korea as collateral, in lieu of payment for the secured debt of the registration of the establishment of a neighboring real estate established on each of the instant real estate. (2) At the time of the conclusion of the instant sales contract, each of the instant real estate is as follows.